PARTLY DISSENTING OPINION OF JUDGE VEHABOVIĆ

I regret that I am unable to subscribe to the view of the majority that there has been a violation of Article 9 of the Convention. At the same time I agree with the conclusion of the Chamber in finding a violation of Article 1 of Protocol No. 1 to the Convention.

In the present case, the possibility or otherwise for the Jehovah’s Witnesses to have their religious services in a particular location does not prevent them from manifesting their religion. But I would not regard this as conclusive. If the decision of the local authorities imposed any additional obligations on the Jehovah’s Witnesses, I would regard that as coming within the ambit of Article 9. But in the present case no burden is imposed on the Jehovah’s Witnesses on account of their religion. The applicant community simply complains that, as the owner of a residential house located on land belonging to the municipality, it cannot obtain permission to have that house converted into a new place of worship on the land. That seems to me an altogether different matter.

Furthermore, I think that it may relate only to Article 1 of Protocol No. 1.

In today’s world there are many deviant forms of religious practice and belief which should never obtain legitimacy and, by means of such recognition, the opportunity to spread these deviant ideas and ideologies. Of course this case is in no way connected with such ideas, but the issue is relevant in terms of the wide margin of appreciation afforded to States in this area and the possibility of creating a precedent for the future.

In this particular case the applicant community already has three places of worship in Kryvyi Rih without any interference by the State. A request to have the place of worship located on a very specific piece of land in the city is departing too far, in my view, from the real meaning of Article 9 of the Convention.

In short, I do not see this case as falling within the ambit of Article 9 but rather as falling only under Article 1 of Protocol No. 1 to the Convention. There is not a single word concerning any alleged limitation on the right of the Jehovah’s Witnesses to manifest their belief or on any other right protected by Article 9 of the Convention; rather, the applicant community’s complaints concern property rights. What is more, the applicant community conducted religious ceremonies in this house without any interference by the State.

It is true that a wide margin is usually allowed to the State when it comes to general measures of economic or social strategy. This is because, given their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is “in the public interest” (see James and Others v. the United Kingdom , 21 February 1986, § 46, Series A no. 98; see also, for example, National & Provincial Building Society, Leeds Permanent Building Society and Yorkshire Building Society v. the United Kingdom , 23 October 1997, § 80, Reports of Judgments and Decisions 1997-VII, and Church of Jesus Christ of Latter-Day Saints v. the United Kingdom , no. 7552/09, 4 March 2014).

Finally, there is no obligation under the Convention for the State to play an active supporting role in matters of religion.

[1] . Адміністративні райони, https://krmisto.gov.ua/ua/house_links/by_admreg.html

[2] . Oxford Dictionary of English (3 ed.), available at http://www.oxfordreference.com/view/10.1093/acref/9780199571123.001.0001/m_en_gb0449980?rskey=0oRA8I&result=1

[3] . В Кривом Роге развеяли миф о протяженности города в 126 км, http://krlife.com.ua/news/v-krivom-roge-razveyali-mif-o-protyazhennosti-goroda-v-126-km ; https://en.wikipedia.org/wiki/Kryvyi_Rih

[4] See paragraph 46 of the judgment.

[5] See paragraph 55 of the judgment.

[6] See paragraph 58 of the judgment.

[7] See, for example , Verein gegen Tierfabriken Schweiz (VgT) v. Switzerland (no. 2) [GC], no. 32772/02, § 82, ECHR 2009.

[8] See, for example, Women On Waves and Others v. Portugal , no. 31276/05, § 40, 3 February 2009.

[9] Association for Solidarity with Jehovah’s Witnesses and Others v. Turkey, nos. 36915/10 and 8606/13, 24 May 2016.

[10] Manoussakis and Others v. Greece , no. 18748/91, 26 September 1996.

[11] Juma Mosque Congregation and Others v. Azerbaijan (dec.), no. 15405/04, 8 January 2013.

[12] See paragraph 44 of the judgment.

[13] Association for Solidarity with Jehovah’s Witnesses and Others v. Turkey , cited above, § 90. On the importance of the space component of the right to live and manifest one’s religion, see Judge Pinto de Albuquerque’s opinion in Krupko and Others v. Russia , no. 26587/07, 26 June 2014.

[14] Contrast this with Johannische Kirche and Peters , cited above, wherein the domestic authorities’ refusal to grant a permit was based upon a legal provision concerning environmental conservation.

[15] See Manoussakis and Others, cited above, and Iskcon and Other v. the United Kingdom, no. 20490/92, 8 March 1994.

[16] See paragraph 55 of the judgment.

[17] See paragraph 56 of the judgment.